This is a tricky one - mp3 problems

kazaam

Basically i was bought a creative zen sleek photo mp3 player for christmas... the first one i got didnt work at all, i turned it on once and it went dead. I took that one back and got a replacement.

About 3 weeks back, that one stopped working, the headphone socket is knackered and the touchpad goes on the blink every 5 seconds.

I brought it back to the shop (not going to name but they are notorious for not taking exchanges) and they refused to give me a refund on the grounds that it was out of its 28 day guarantee with the shop and that i would have to bring it back to creative to have it repaired. I told them that my contract was with them and ive heard nothing but bad stories about creative and wanted a refund to take my business elsewhere and buy a different brand.

I quoted the sale of goods act and they said it excludes mobile phones and mp3 players which i know is rubbish, by my readings if they didnt state this to me upon purchase i am entitled to a refund.

The reason I am not taking the offered repair is because a friend of mine has had 4 models of the same mp3 player in the last year and a half from creative and theyve all broken. Creative refused to give him a refund so he is taking them to the small claims court.

Id like this problem to be resolved quickly without having to go through the small claims court.

all opinions welcome

muffler

I suggest you put it in writing to the shop manager and request a written response within 7 days.
Keep a record of all dates (of visits to shop etc)

leche solara

Well the exclusion of MP3 players and mobile phones from the Sale of Goods Act is certainly ****e. I would suspect that a 28 day guarantee is ****e too.
Your gripe is with the shop not the manufacturer - they sold you something that wasn't fit for the purpose intended. You should definitely put your complaint to the manager in writing, and head office if there is one. Keep copies of all correspondence. You might end having to go to Small Claims Court

TerrorFirmer

My sisters Creative Zen just stopped working recently as well after a few months, I've heard nothing but bad things about creative the last year or so with their newer models in comparison to the other competitors like apple etc.

She's was hoping to get a refund or at least an exchange for a different brand player....hopefully she won't encounter the negativeness you are!

Doolittle51

I know you said you don't want to go to the small claims court, but it is a great system. Generally complaints like yours are sorted out very easily, and it saves you the hassle of arguing with the shop manager and getting nowhere.
It may take a few weeks and it costs a couple of quid to lodge a claim, but it really is very easy. It may save you alot of time and worry if you just do it now.

dbnavan

Souns like c**p to me but cant find anything to back it up as The Consumers' Association of Ireland website search is down but phone them 01 497 8600

vms7ply9t6dw4b

HavoK wrote:

My sisters Creative Zen just stopped working recently as well after a few months, I've heard nothing but bad things about creative the last year or so with their newer models in comparison to the other competitors like apple etc.

She's was hoping to get a refund or at least an exchange for a different brand player....hopefully she won't encounter the negativeness you are!

After 28 days the best she will get is a replacment refurbished unit from creative

Random

Really, up to what point is one entitled to a refund?

Sponge Bob

"fit for the purpose" is the test so back to the shop. Better name them if they still refuse to replace the sub standard product they seem to sell.

Gillo

kazaam wrote:

The reason I am not taking the offered repair is because a friend of mine has had 4 models of the same mp3 player in the last year and a half from creative and theyve all broken. Creative refused to give him a refund so he is taking them to the small claims court.

Then why buy it in the first place???

vms7ply9t6dw4b

ciaranfo wrote:

Really, up to what point is one entitled to a refund?

thats a grey area in consumer law, not defined as a specific period of time just known as a "reasonable period". Most suppliers say 28 days is a reasonable period (Except sony who say 7 days which i think is crazy) and 9 times out of 10 the shops will go by this less they be left with a fight to get credit and possibly have to write the item off